Site Terms of Use

These terms of use (“Terms of Use” or “Agreement”) constitute an agreement made between the SOL Holdings, LLC dba FireFly Hills (FFH), headquartered in Beattyville, KY and any person (“You”) accessing this Site with respect to your use of this Site.

“Site” refers to collectively herein as FireFlyhillskentucky.com and the FFH online community, powered by the Squarespace platform. By visiting, accessing, browsing, or otherwise using this Site, you acknowledge that you have read, understand, and agree to be bound by all the terms contained in this agreement as a condition of your continuing access, view or use of this Site; and that you agree to comply all applicable laws and regulations governing your activities on this Site; and that you are at least thirteen (13) years old or that you have the permission of your parent or guardian to use this Site. This Site and any of its services are provided subject to compliance with these terms and conditions of use. Using this Site also constitutes your acceptance of the most current version of the FFH Privacy Policy, described elsewhere, and of FFH’s Notice and Procedure for Making Claims of Copyright and Intellectual Property Infringement described elsewhere, both of which are incorporated herein by reference and subject to these Terms of Use.

By accessing, viewing or using any part of the Site, you expressly agree to and consent to be bound by all of the terms of this Agreement. If you do not agree to all of the terms of this Agreement, you do not have FFH‘s permission to access, view, use or link to any part of the Site. Any such unauthorized use violates FFH’s rights in the Site and is strictly prohibited.

If you have any questions about these terms, please contact:

FireFly Hills General Manager, 2470 Pine Grove Rd, Beattyville, KY 41311

606-208-0993

Site Registration

This Site is proprietary to FFH and is protected by intellectual property laws. Your access to this Site is licensed and not made available unconditionally to you. Subject to the terms and limitations set forth in this Agreement, FFH agrees to provide you with a personal, non-transferable and non-exclusive right to access, view, use and link to the Site.

To use certain services and access certain content available on this Site, you must register with the Site and provide certain personal information.

You must also establish a personal password. Any passwords used for this Site are for individual use only.

You will be responsible for the security of your password (if any). FFH will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that FFH considers insecure, FFH will be entitled to require the password to be changed and/or terminate your account. You agree that you will be responsible for maintaining the confidentiality of your password and for any activity of anyone gaining access through your account or by use of your login and passwords, whether or not directly authorized by you.

FFH is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

Proprietary Rights

You acknowledge and agree that - other than content that you upload, submit, post, e-mail, or otherwise transmit using the Site - all materials, information, and content, including text, pictures, graphics, software, products, materials, services and other files available on the Site, and the selection and arrangement thereof, (collectively “Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws and that all right, title and interest in and to all such Content are owned by or licensed to FFH, or are owned by the entities duly acknowledged. FFH reserves all rights not expressly granted to you in these Terms of Use.

You may print or download one unmodified copy of Content from the Site for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices.

• You may not "mirror" any Content contained on the Site on any other server without prior written permission from FFH and may not engage in “framing” any Content contained on the Site on or through another website without prior written permission from FFH.

• Except as expressly stated above, or as permitted through written agreement with FFH, you may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or noncommercial purposes, any Content, in whole or in part, use of the Site, and/or access to the Site.

• You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site. No right to use, copy, publish, transmit or modify the copyrighted Content, message or non-literal elements of the Site including, without limitation, its “look and feel” is granted to you; all such rights are reserved exclusively to FFH.

• Use of the Content for any purpose not expressly permitted in these Terms of Use without first obtaining the express written permission of FFH is strictly prohibited.

Use of Site

You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that you upload, submit, post, e-mail, or otherwise transmit using the Site or services (“User Content”). Likewise, you are responsible for respecting FFH’s and third parties' rights with respect to Content that appears on the Site and not to download, e-mail, or otherwise transmit such Content in violation of FFH’s and third parties' rights. FFH IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED BY YOU OR ANY OTHER USER OF THE SITE. You agree not to engage in unacceptable use of the Site.

You agree not to:

• Submit, upload, post, email, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary material of any person or entity.

• Submit, upload, post, e-mail, or otherwise transmit any User Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful, or racially, ethnically, or otherwise offensive.

• Impersonate another person or entity, including without limitation, a representative of FFH or its officers, directors, employees, or agents; falsely represent or misrepresent your affiliation with another person or entity; or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted through the Site or services.

• Submit, upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any spam, junk mail, or any other potentially objectionable form of unsolicited communication.

• Use the Site or services for any purpose or in any manner that violates any local, state, or federal law or regulation.

• Directly or indirectly, intentionally or otherwise disrupt or interfere with the Site or services.

• Submit, upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other code, files, or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.

• Submit, upload, post, e-mail, or otherwise transmit without authorization any material that contains personal or private information concerning any third-party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords, or other similar information.

• Use any kind of device, code or automated tool, including but not limited to scripts, bots and other software, to try to collect information from the Site to break into any of its servers, to circumvent or overcome the security features of the Site or any other FFH service.

Grant of License

In the event you post or submit User Content to the Site, you grant FFH and its affiliates, a perpetual, worldwide, royalty-free, non-exclusive license to use, copy, reproduce, display, adapt, modify, publish, translate, transmit, distribute, have distributed, publicly perform, publicly display, and promote the User Content, or any part thereof, with the right to sublicense the same, in any and all formats now known or hereinafter used.

You warrant and represent that you own or otherwise control all of the rights in and to the User Content, or are otherwise authorized to reproduce and distribute the User Content and grant FFH the license provided above; that you have retained all copyright and other notices necessary for obtaining permissions to reprint any third party Content; and that public posting and/or the licensed use of your User Content by FFH will not infringe or violate the rights of any third party.

Links to Other Websites

The Site may include links to other websites which are not maintained by or related to FFH. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by FFH with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and Hyperlinks are to be accessed at your own risk.

FFH makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this Site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by FFH of that site.

Notice of Intellectual Property Infringement or other Violations

You agree not to upload or transmit any communications or User Content of any type that infringes or violates any rights of any party. It is our policy not to permit materials made known to us to be infringing to remain on the Site. FFH has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site.

If you believe any material on this Site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims (“Designated Agent”). You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent as specified in more detail in our Notice and Procedure for Making Claims of Copyright and Intellectual Property Infringement.

Privacy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy [ADD LINK], which is expressly incorporated herein and subject to the terms of this Agreement. Before using our Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of the Site will be handled in accordance with our Privacy Policy.

Disclaimer of Warranties

The site, including all content and software within the site are provided "as is" and “as available” for your use, and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, title, data accuracy, system integration, or compatibility, uptime, and informational content. 

FFH and its licensors do not warrant or make any representations regarding the operation of the site, the use, validity, accuracy or reliability of, or the results of the use of the content of the site or any other websites linked to the site, including but not limited to: that the content is accurate, reliable, complete, or correct or that it will meet your needs or requirements; that the site will be available at any particular time or location; or that the content, site and software therein are free of viruses or other harmful components. 

The materials on this site may be out of date, and FFH makes no commitment to update the materials or content on the site. 

FFH does not and cannot guarantee or warrant that the files available for downloading from the site, if any, will be free from infection, viruses, worms, trojan horses, or other code that manifest contaminating or destructive properties. 

FFH does not warrant that the site, software, or content will be uninterrupted or error-free or that any defects in these sites, software, and content will be corrected. Your use of the site is solely at your risk. 

No advice or information, whether oral or written, obtained by you from FFH shall create any warranty not expressly stated in these terms. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you, except that FFH’s liability in such jurisdictions shall be limited to the extent permitted by law. limitation of liability you expressly understand and agree that FFH shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, business interruption, or other intangible losses (even if FFH has been advised of the possibility of such damages), arising out of or relating to the use, inability to use, or resulting from the use of the site, any websites linked to or from the site, the content, software or other information contained in or on the site, whether based on warranty, contract, statute, regulations, tort (including but not limited to, negligence) or any other legal theory. 

If your use of the site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, except that ffh’s liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification

You agree to defend, indemnify and hold harmless FFH, its officers, directors, employees, agents, representatives, successors, assigns and related or affiliated organizations, form all liabilities, claims and expenses, including attorney’s fees, which arise from your use or misuse of the Site, violation of these Terms of Use or violation of the Your Membership Terms of Use or other applicable Your Membership policies. FFH reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate with FFH in asserting any available defenses.

Notice of Changes

FFH may update or change these Terms of Use. If such a change is made, FFH will post the revised Terms of Use on this Site. FFH reserves the right to add to, change, or terminate the services offered on this Site at any time. You understand and agree that FFH may from time to time establish and revise practices and limitations concerning your use of the Site and services offered on the Site. You must periodically review these Terms of Use to remain in compliance with the most current requirements.

Termination This Agreement is effective upon your access or use of the Site and shall continue in full force until terminated. FFH reserves the right to monitor content, including User Content, on this Site and any FFH online platform or service and to remove content, disable Sites, or suspend or terminate services if FFH, in its discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of these Terms of Use. FFH reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.

Cause for such termination shall include, but not be limited to:

(a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines;

(b) requests by law enforcement or other government agencies;

(c) a request by you (self-initiated account deletions);

(d) discontinuance or material modification to the Site (or any part thereof);

(e) unexpected technical or security issues or problems;

(f) engagement by you in fraudulent or illegal activities;

(g) nonpayment of any fees, if any, owed by you in connection with the Site or services offered through the Site; and/or

(h) FFH’s sole convenience, without obligation.

Use and Disclosure of Information

You acknowledge, consent and agree that FFH may access, preserve, and disclose your account information and any User Content submitted or posted to the Site if required to do so by law, by subpoena or court order, or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(a) comply with legal process;

(b) enforce these Terms of Use;

(c) respond to claims that any such User Content violates the rights of third parties;

(d) respond to your requests for customer service; or

(e) protect the rights, property, or personal safety of FFH, its users, and the public.

Choice of Law, Jurisdiction or Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Kentucky, excluding its conflicts of law principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be the state or U.S. federal courts located in Kentucky, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

Unless otherwise specified herein, these Terms of Use, and the FFH Privacy Policy and all other policies incorporated herein, constitute the entire agreement between you and FFH with respect to your access and use of this Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and FFH with respect to this Site.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

No Waiver

FFH’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FFH in writing.

Section Titles

The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.

Trademarks

Trademarks, service marks, and logos appearing in this Site are the property of FFH or the party that provided the trademarks, service marks, and logos to FFH. FFH and any party that provided trademarks, service marks, and logos to FFH retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.

These Terms of Use were last updated on June 15, 2023.